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LAW ON TREATIES

LAW ON TREATIES Official translation REPUBLIC OF LITHUANIA LAW ON TREATIES 22 June 1999 No.VIII-1248 Vilnius (As amended by 7 July 2005 No.X-332) I. GENERAL PROVISIONS Article

  1. Treaties of the Republic of Lithuania
  2. A treaty of the Republic of Lithuania means an international agreement concluded between the Republic of Lithuania and foreign states and international organisations in written form and governed by the principles and norms of international law, whatever its particular designation and regardless of whether it is embodied in a single instrument or two or more related instruments.
  3. Agreements concluded on behalf of and according to the competence of the ministries or Government agencies and other state institutions of the Republic of Lithuania with the appropriate institutions or organisations of foreign states shall not be viewed as treaties of the Republic of Lithuania. The procedure for drawing up and concluding the above agreements shall be laid down by the Government of the Republic of Lithuania. Information about such agreements must be submitted to the Ministry of Foreign Affairs of the Republic of Lithuania, where it must be stored and administered. Article
  4. Scope of the Law This Law establishes the procedure of drawing up and implementing treaties of the Republic of Lithuania irrespective of what institution or officer concluded the treaty of the Republic of Lithuania in the prescribed manner. II. CONCLUSION OF TREATIES OF THE REPUBLIC OF LITHUANIA Article
  5. Right of Initiative to Conclude Treaties of the Republic of Lithuania The right of initiative to conclude treaties of the Republic of Lithuania shall be vested in the President, the Prime Minister, the Minister of Foreign Affairs of the Republic of Lithuania, the Government of the Republic of Lithuania or, in the procedure established by it, ministries of the Republic of Lithuania and Government agencies. Article
  6. Taking Decisions on the Expediency of the Conclusion of Treaties of the Republic of Lithuania
  7. Decisions on the expediency of conclusion of treaties of the Republic of Lithuania shall be taken, in accordance with the requirements of the Constitution of the Republic of Lithuania, this Law and other laws as well as international law, by the President, the Government of the Republic of Lithuania or the Ministry of Foreign Affairs on the instruction of and according to the procedure established by the Government.
  8. Decisions on the expediency of conclusion of treaties of the European Communities and the Republic of Lithuania, as the Member State of the European Union, representing one party to treaties (hereinafter referred to as “international mixed agreements”) shall be taken in pursuance of the Constitutional Act of the Republic of Lithuania on Membership of the Republic of Lithuania in the European Union, laws and other legal acts regulating the preparation and harmonization of a position of the Republic of Lithuania concerning drafts of legal acts and documents which are debated at the institutions of the European Union.
  9. When taking a decision on the expediency of the conclusion of a treaty of the Republic of Lithuania, conformity of the provisions of the draft treaty with the Constitution of the Republic of Lithuania, the basic principles and objectives of foreign policy and national security of the Republic of Lithuania, the requirements of this Law, the principles and norms of international law must be considered. Article
  10. Powers to Conclude Treaties of the Republic of Lithuania
  11. The President, the Prime Minister or the Minister of Foreign Affairs of the Republic of Lithuania shall be entitled, without possessing special powers, to perform all acts relating to the conclusion of treaties of the Republic of Lithuania.
  12. The head of a diplomatic mission of the Republic of Lithuania or the authorised representative of the Republic of Lithuania at an international conference, international organisation or one of its bodies shall be entitled to negotiate the conclusion of a treaty of the Republic of Lithuania or to approve its text without possessing special powers for the purpose, accordingly, with the State to which he is accredited or at the international conference, international organisation or one of its bodies.
  13. Other persons may perform acts relating to the conclusion of the treaty of the Republic of Lithuania only provided they possess powers granted to them according to the procedure established in Article 6 of this Law. Article
  14. Procedure for Granting Powers to Conclude Treaties of the Republic of Lithuania
  15. The powers to perform the acts relating to the conclusion of treaties of the Republic of Lithuania referred to in Article 7 of this Law, with the exception of international mixed agreements, shall be granted by the President of the Republic of Lithuania on the recommendation of the Government.
  16. The powers to perform the acts relating to the conclusion of international mixed agreements shall be granted by the Prime Minister of the Republic of Lithuania with the consent of the President of the Republic of Lithuania, on the recommendation of the ministry or Government agency within whose competence falls the drawing-up of the treaty, and with the consent of the Ministry of Foreign Affairs.
  17. The powers to perform the acts relating to the treaties of the Republic of Lithuania which are not subject to the ratification procedure under the Constitution of the Republic of Lithuania, this Law or the treaty itself, however, the conclusion of which, according to the procedure laid down in Article 9 of this Law, is approved by the Government of the Republic of Lithuania, shall be granted by the Prime Minister of the Republic of Lithuania on the recommendation of the ministry or Government agency within whose competence falls the drawing-up of the treaty, provided the Ministry of Foreign Affairs has given its consent thereto.
  18. The powers for concluding treaties of the Republic of Lithuania which enter into force on the date of the signing thereof shall be granted by the Government of the Republic of Lithuania on the recommendation of the ministry or Government agency within whose competence falls the drawing up of the treaty, provided the Ministry of Foreign Affairs has given its consent thereto.
  19. By the resolution of the Government of the Republic of Lithuania, the Ministry of Foreign Affairs shall be instructed to conclude treaties which enter into force from the date of exchange of diplomatic notes.
  20. Upon the granting of the powers referred to in paragraphs 1-4 of this Article, full powers shall be issued by the Ministry of Foreign Affairs.
  21. Information about full powers shall be stored and administered at the Ministry of Foreign Affairs. Article
  22. Treaties of the Republic of Lithuania Subject to Ratification
  23. The following treaties of the Republic of Lithuania shall be subject to ratification: 1) on the determination and changing of the state borders of the Republic of Lithuania, on the delimitation of its exclusive economic zone and continental shelf; 2) on political co-operation with foreign states, mutual assistance as well as defensive treaties relating to the state defence; 3) on refraining from the use of force or threat of force, also peace treaties; 4) on the stationing of the armed forces of the Republic of Lithuania and their status on the territories of foreign states; 5) on the participation of the Republic of Lithuania in universal international organisations and regional international organisations; 6) multilateral or long-term economic treaties which are concluded for over a 5 year period; 7) on the stationing of foreign state army units and their status on the territory of the Republic of Lithuania; 8) establishing legal norms other than the effective laws of the Republic of Lithuania.
  24. Also subject to ratification shall be treaties in which their ratification is provided for. Article
  25. Procedure of Ratification of Treaties of the Republic of Lithuania
  26. Treaties of the Republic of Lithuania shall be ratified by the Seimas of the Republic of Lithuania by a law.
  27. Treaties of the Republic of Lithuania shall be submitted to the Seimas of the Republic of Lithuania for ratification by the President of the Republic of Lithuania on his own initiative or on the proposal of the Government.
  28. Instruments of ratification shall be drawn up on the basis of the law specified in paragraph 1 of this Article. Article
  29. Approval of Treaties of the Republic of Lithuania
  30. The treaties of the Republic of Lithuania for which ratification procedure is not provided for in the Constitution of the Republic of Lithuania, this Law or the treaty itself shall be approved by the Government of the Republic of Lithuania. This requirement shall not apply to the treaties of the Republic of Lithuania referred to in paragraphs 4 and 5 of Article 6 of this Law.
  31. The Government of the Republic of Lithuania shall approve the treaty by a resolution.
  32. Treaties shall be submitted to the Government of the Republic of Lithuania for approval by the ministry, within whose competence is the implementation of the treaty, upon agreeing it with the Ministry of Foreign Affairs.
  33. Paragraph 1 of this Article shall not apply to treaties signed by the President of the Republic. Article
  34. Competence of the Ministry of Foreign Affairs of the Republic of Lithuania in the Process of Entry into Force of Treaties of the Republic of Lithuania International acts relating to the entry into force, validity and operation of a treaty of the Republic of Lithuania (preparation and depositing of documents required for the entry into force of the treaty, deposit of the treaty with the depository, notification of suspension of the operation or termination, etc.) shall be carried out by the Ministry of Foreign Affairs of the Republic of Lithuania. III. IMPLEMENTATION OF TREATIES OF THE REPUBLIC OF LITHUANIA Article
  35. Binding Character of Treaties of the Republic of Lithuania
  36. The treaties of the Republic of Lithuania that have entered into force shall be binding in the Republic of Lithuania.
  37. If a ratified treaty of the Republic of Lithuania which has entered into force establishes norms other than those established by the laws, other legal acts of the Republic of Lithuania which are in force at the moment of conclusion of the treaty or which entered into force after the entry into force of the treaty, the provisions of the treaty of the Republic of Lithuania shall prevail.
  38. If a law or any other legal act has to be passed for the purpose of implementation of a treaty of the Republic of Lithuania, the Government of the Republic of Lithuania shall submit to the Seimas according to the established procedure a draft of the appropriate law or shall adopt an appropriate resolution of the Government or ensure according to its competence the passing of another legal act. Article
  39. Implementation of Treaties of the Republic of Lithuania
  40. The Government of the Republic of Lithuania shall ensure implementation of treaties of the Republic of Lithuania.
  41. A treaty of the Republic of Lithuania may also lay down special rules for the implementation of the treaty. Article
  42. Amending and Supplementing Treaties of the Republic of Lithuania A treaty of the Republic of Lithuania may be amended or supplemented on the grounds of the norms of international law and according to the procedure laid down in Chapter II of this Law, unless the treaty otherwise provides. Article
  43. Denunciation of Treaties of the Republic of Lithuania or Suspension of their Operation
  44. Treaties of the Republic of Lithuania may be denounced or their operation may be suspended only pursuant to the provisions of the treaties, norms of international law and according to the procedure established by this Law.
  45. The decision concerning denunciation of a treaty of the Republic of Lithuania or suspension of its operation according to the universally recognised norms of international law shall be taken by the Government of the Republic of Lithuania, except for the ratified valid treaties the issue of denunciation or suspension of operation whereof shall be decided by the Seimas of the Republic of Lithuania on the recommendation of the President of the Republic of Lithuania (on his initiative or upon the proposal of the Government of the Republic of Lithuania). IV. FINAL PROVISIONS Article
  46. Arrangement of Information about Treaties of the Republic of Lithuania Information about all treaties of the Republic of Lithuania shall be stored and administered at the Ministry of Foreign Affairs. Article
  47. Publication of Treaties of the Republic of Lithuania
  48. Treaties of the Republic of Lithuania shall be published in the official gazette Valstybės žinios on the recommendation of the Ministry of Foreign Affairs.
  49. Only laws on ratification of international mixed agreements shall be published in the official gazette Valstybės žinios. The international mixed treaties, which are published in the Lithuanian language in the Official Journal of the European Union shall not be additionally published in the official gazette Valstybės žinios. Article
  50. Registration of Treaties of the Republic of Lithuania at the Secretariat of the United Nations After their entry into force treaties of the Republic of Lithuania shall be transmitted by the Ministry of Foreign Affairs of the Republic of Lithuania to the Secretariat of the United Nations for registration. Article
  51. Repealing "Law on International Treaties of the Republic of Lithuania" After the entry into force of this Law, the Law of the Republic of Lithuania on International Treaties of the Republic of Lithuania shall be repealed. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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